SLS 12RS-807 REENGROSSED
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 520
BY SENATOR BROOME
WORKERS' COMPENSATION. To provide for death benefit awards to dependent children
of deceased employee. (8/1/12)
AN ACT1
To amend and reenact R.S. 23:1231(B)(2) and 1253 and to enact R.S. 23:1251(3), relative2
to workers' compensation benefits; to provide for death benefit awards to dependent3
children; to provide for payment to adopted or natural children of deceased4
employee; to restrict payments to certain persons; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1231(B)(2) and 1253 are hereby amended and reenacted and R.S.7
23:1251(3) is hereby enacted to read as follows: 8
§1231. Death of employee; payment to dependents; surviving parents9
* * *10
B.(1) * * *11
(2) However, if the employee leaves no legal dependents entitled to benefits12
under any state or federal compensation system, one lump sum of seventy-five13
thousand dollars shall be paid to the surviving biological and adopted children14
of the employee to be divided equally among them, which shall constitute the15
sole and exclusive compensation in such cases. If the employee leaves no legal16
dependents and no biological or adopted children entitled to benefits under any17 SB NO. 520
SLS 12RS-807 REENGROSSED
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
state or federal compensation system, the sum of seventy-five thousand dollars1
shall be paid to each surviving parent of the deceased employee, in a lump sum,2
which shall constitute the sole and exclusive compensation in such cases.3
* * *4
§1251. Persons conclusively presumed dependents5
The following persons shall be conclusively presumed to be wholly and6
actually dependent upon the deceased employee:7
* * *8
(3) A child under the age of eighteen years (or over eighteen years of9
age, if physically or mentally incapacitated from earning) with a valid child10
support order from a court of competent jurisdiction against the deceased11
parent, regardless of whether child support is actually being paid, or until the12
age of twenty-three if enrolled as a full-time student in any accredited13
educational institution.14
* * *15
§1253. Membership in family or relationship16
If there is no one wholly dependent and more than one person partially17
dependent, so much of the death benefit as each is entitled to shall be divided among18
them according to the relative extent of their dependency. No person shall be19
considered a dependent, unless he is a member of the family of the deceased20
employee, or bearing to him the relation of husband or widow, or lineal descendant21
or ascendant, or brother or sister, or child. Regardless of dependency, no22
payments shall be made to the concubine of the deceased employee nor the23
concubine's children, unless those children are related to the deceased employee24
by blood or adoption.25 SB NO. 520
SLS 12RS-807 REENGROSSED
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument was prepared by Carla S. Roberts. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Nancy Vicknair.
DIGEST
Broome (SB 520)
Present law provides for the payment of death benefits under the Louisiana Workers'
Compensation Law. Provides that if the employee leaves no legal dependents entitled to
benefits under any state or federal compensation system, $75,000 shall be paid in a lump
sum to each surviving parent of the deceased employee, constituting the sole and exclusive
compensation.
Proposed law provides that the death benefit shall be paid to surviving biological and
adopted children of the employee, to be divided equally among them, constituting the sole
and exclusive compensation. Provides that if there are no surviving children, then the
$75,000 shall be paid to each surviving parent.
Proposed law requires a child to be presumed wholly and actually dependent upon the
deceased employee if the child is under the age of 18, or over the age of 18 if physically or
mentally incapacitated from earning, with a valid child support court order, regardless of
whether the child support is actually being paid or until the age of 23 if enrolled as a full-
time student in any accredited educational institution.
Proposed law provides that regardless of dependency, no payment shall be made to the
concubine of the deceased employee nor the concubine's children, unless the children are
related to the deceased employee by blood or adoption.
Effective August 1, 2012.
(Amends R.S. 23:1231(B)(2) and 1253; adds R.S. 23:1251(3))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Labor and Industrial
Relations to the original bill.
1. Technical Amendments.
Senate Floor Amendments to engrossed bill.
1. Technical amendments.